DUI or driving under the influence of alcohol or drugs is a criminal act. It applies to driving a car, boat, airplane, bicycle, or motorcycle. The blood alcohol level at which criminal DUI is determined is 0.08% or higher, though a person can be charged with DUI at a lower blood alcohol level based on other evidence, such as erratic driving, failure to pass a field sobriety test, or signs of impairment. In some municipalities, it is illegal to drive with alcohol in an open container in a vehicle. DUI is generally considered a misdemeanor, and in most states, it is punishable by up to one year in jail, fines, and a suspended driver’s license. However, when property damage, an injury, or death results, the charge is elevated to a felony and can receive much longer prison terms and larger fines.